Judgment unanimously reversed on the law and facts and a new trial granted.
Memorandum:
The indictment charged appellant with uttering a forged doctor's prescription with intent to defraud and with knowledge that it was forged (Penal Law, §§ 880, 889-b). Where the utterer and the forger of the instrument are one and the same person his knowledge of the forgery is obvious (2 Burdick, Law of Crime, § 671), but otherwise guilty knowledge must be...
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